Neutral Citation No. - 2025:AHC:75066 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8032 of 2025 Applicant :- Daya Kishor Alias Chhote Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Ranjan Shukla,Ramesh Kumar Shukla,Vijay Tripathi Counsel for Opposite Party :- Bed Kant Mishra,G.A.,Satendra Singh Hon'ble Sameer Jain,J. 1. Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant, Sri R. N. Srivastava, learned A.G.A. for the State- respondent and Sri Bed Kant Mishra, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.308 of 2022, under Sections 363, 366, 376-D, 302 IPC and Sections 5g/6 POCSO Act, Police Station Shikohabad, District Firozabad, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter alongwith co-accused Ashok Kumar and co-accused Ashok Kumar has been released on bail by this Court vide order dated 05.04.2025 passed in Criminal Misc. Bail Application No.9322 of 2025 and on facts, case of applicant is at par with him. 4. He further submits that present case is a case of circumstantial evidence and during investigation, involvement of the applicant and other accused were found false and final report has been submitted and on the basis of protest petition, applicant and other accused were summoned in the present matter. 5. He further submits that applicant is having no criminal history and he is in jail in the present matter since 15.02.2025. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Ashok Kumar has been released on bail by this Court vide order dated 05.04.2025 and applicant is having no criminal history and he is in jail in the present matter since 15.02.2025, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Daya Kishor Alias Chhote be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad